HomeMy WebLinkAbout990507.tiff February 15, 1999 ILO CC:
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Weld County Commissioners
t LC1 `
Weld County Administrative OfficesTO THE
1400 N 17th Ave
Greeley, CO 80631
According to the sign put up on the property at the corner of Hwy 85 and St. Hwy 256
there is going to be a meeting concerning the proposed Hunt-Weideman subdivision
on Thursday, February 24th at 10:00. One of the parcels is going to be for a new garage
to be built by Dan Baker, owner of Dan's Garage. As one of 7 neighbors in this town of
Peckham we are aware of the underground storage tanks at Dan's Garage. We also
know that by Colorado law all underground oil and gas tanks were to be dug up by
the end of December 1998 and we are wondering why he is allowed to keep his leaking
tanks in the ground. Especially since all of his neighbors are on well water. We are
wondering if his plans are to just ignore the tanks in the ground once his new shop is
built. We are also very concerned on the amount of junk and junk cars sitting around
his existing shop. Will he be forced to clean this up once he moves and will he put up a
fence to hide this junk at the new shop? Hopefully none of our children will become sick
or poisoned due to these underground tanks. Since there are only 7 residences in our
tiny Peckham community we would like to send this letter anonymously to avoid any
problems with Mr. Baker. As concerned citizens we would like to see these grounds
cleaned up for the safety of our families before Mr. Baker builds his new garage. A
copy of this letter has also been sent to the Enviromental Protection Agency in Denver.
Sincerely,
A Peckham Resident
[ 4. EXHIBIT
990507 CD? $,5/cf
IVIZSIATIPE DlnnER, P.c. Weld County Planning Dept.
ATTORNEY AND COUNSELOR AT LAW
640 BANK ONE PLAZA
GREELEY, CO 80631 FEB .1 9 1999
(970) 362-2081 tl- yyy���
FAX(970) 362-9172 3 - l\I E D
February 16, 1999
Weld County Department of Planning Services
Attention: Julie A. Chester, Planner
1400 North 17th Avenue
Greeley, CO 80631
Re: Docket No. 99-12
Terry and Janice
Wiedeman/David and
Kayleen Hunt
Dear Ms. Chester:
Pursuant to the instructions outlined by the Weld County Planning
Commission at the time of the hearing on January 19, 1999 , I am
enclosing herewith on behalf of Melvin Dinner, Diane M. Dinner,
Albert J. Dinner, Janice R. Dinner, Sidney E. Dinner, Shirley
Dinner, Rae Barnett Weiland, Trustee of the Rae Weiland Revocable
Trust of August 1, 1983 , and Ethel Lee Segal, as Objectors and
Protestors, a copy of the proposed Right of Way and Easement
Agreement prepared for execution by Terry Weiedeman, Janice
Wiedeman, David Hunt and Kayleen Hunt, as Grantors, or First
Parties, and Melvin Dinner, Diane M. Dinner, Albert J. Dinner,
Janice R. Dinner, Sidney E. Dinner, Shirley Dinner, Rae Barnett
Weiland, Trustee of the Rae Weiland Revocable Trust of August 1,
1983 , and Ethel Lee Segal, as Grantees, or Second Parties, in
connection with the right of way and easement to be granted
pertaining to the underground irrigation water pipeline now
traversing over and across the following described property
located in Weld County, Colorado:
Lot B of Recorded Exemption No. 2112 , being part of the
S/2 of Section 14 , Township 4 North, Range 66 West of
the 6th P.M. , Weld County, Colorado
It is my understanding that the above entitled matter has now
been scheduled for hearing before the Board of County
Commissioners, Weld County, Colorado, on February 24 , 1999 at
10: 00 o'clock A.M.
It is my understanding that the proposed Right of Way and
Easement Agreement as submitted herewith is satisfactory and
agreeable to Mr. and Mrs. Wiedeman and Mr. and Mrs. Hunt, the
Grantors involved herein.
g EXHIBIT
990307
February 16, 1999
Page 2
As you will note, copies of this correspondence, together with
copies of the proposed Right of Way and Easement Agreement have
similarly been submitted to Mr. and Mrs. Wiedeman and Mr. and
Mrs. Hunt.
In event you have any questions concerning the contents of the
enclosed Right of way and Easement Agreement, I suggest that you
contact me at your convenience.
Very ly yours,
MELVIN DINNER
MD/as
enclosure
cc: Mr. Albert J. Dinner
Mr. Sidney E. Dinner
Mr. and Mrs. Terry Wiedeman
Mr. and Mrs. David Hunt
96iv-5Y 7
RIGHT OF WAY AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of
February, 1999, by and between TERRY WIEDEMAN and JANICE WIEDEMAN,
with address of 13434 WCR 42 , Platteville, CO 80615, and DAVID HUNT
and RAYLEEN HUNT, with address of 14460 WCR 40, Platteville, CO
80615, hereinafter referred to as Grantors or First Parties, and
MELVIN DINNER and DIANE M. DINNER, with address of 3660 E.
Dartmouth, Denver, CO 80210, ALBERT J. DINNER and JANICE R. DINNER,
with address of 2800 S. University Blvd. , #132 , Denver, CO 80210,
SIDNEY E. DINNER and SHIRLEY DINNER, with address of 6029 Pebble
Lane Ct. , W. Bloomfield, MI 48322-3520, RAE BARNETT WEILAND,
TRUSTEE OF THE RAE WEILAND REVOCABLE TRUST OF AUGUST 1, 1983, with
address of Park Place, Unit 1662, 111 Emerson, Denver, CO 80218,
and ETHEL LEE SEGAL, with address of 7877 E. Mississippi Ave.
#1202 , Denver, CO 80231, all of whom are hereinafter referred to
as Grantees or Second Parties,
WHEREAS, the First Parties are the owners of Lot B of Recorded
Exemption 'No. 1057-14-3-RE2112 , being a portion of the S/2 of
Section 14 , Township 4 North,Range 66 West of the 6th P.M. , Weld
County, Colorado, lying West of U.S. Highway No. 85 as now located,
containing 104 .45 acres, more or less, and
WHEREAS, the Second Parties are the owners of the surface and
most of the oil, gas, minerals and mineral rights located on the
following described property located in Weld County, Colorado (the
Peckham Junction Farm) :
(The Peckham Junction Farm)
A part of the SW 1/4 of Section 14, Township 4 North,
Range 66 West of the 6th P.M. , Weld County, Colorado,
described by metes and bounds as follows: Beginning at
the South Quarter Corner of said Section 14 , !thence North
0°05 ' East along the East line of the said SW 1/4 of
Section 14 , a distance of 1524 . 1 feet to an intersection
with the Southeasterly right of way line of the Union
Pacific Railroad Company; thence South 41°14 ' West a
distance of 1393 . 5 feet following said right of way line;
thence South a distance of 496 feet to the South line of
said Section 14 ; and thence East a distance of 913 . 65
feet to the point of beginning; subject to liquor clause
as contained in deed recorded in Book 293 , page 277 of
the Weld County records, together with all water, water
rights, ditches or ditch rights, and irrigating
facilities, and together with all appurtenances and
hereditaments thereunto belonging
The SE 1/4 of Section 14, Township 4 North, Range 66 West
of the 6th P.M. , Weld County, Colorado, excepting that
part or parcel of land particularly described as follows:
Commencing at the Northwest Corner of said tract and
running thence East along the North line of said tract
634 feet to a point 50 feet West of the center line of
the railroad track; thence in a southwesterly course on -
a line parallel with and 50 feet West from the railroad
tract 964 feet to a point on the West line of said tract
of land; thence North along the West line of said tract
731 feet to the place of beginning, making a triangular
piece of land on the West side of the railroad track
containing three (3) acres, more or less, together with
15 shares of the capital stock of The Farmers Independent
Ditch Company and 4 shares of the capital stock of The
Western Mutual Ditch Company; and subject to rights of
way for the Union Pacific Railroad Company as such exists
over said lands; together with all water, water rights,
ditches, ditch rights and irrigating facilities and wells
belonging to, used upon or in connection with said
described land; and together with the appurtenances and
hereditaments thereunto belonging
All that part of the S 1/2 NE 1/4 of Section 14, Township
4 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, lying East of the center line of the presently
existing right of way of the Union Pacific Railroad
Company, excepting therefrom that certain parcel
heretofore conveyed by deed recorded December 12 , 1969
under Reception No. 1540235 in Book 618 of the Weld
County records, together with all water, water rights,
ditches and ditch rights, and irrigating facilities
belonging to, used upon, or in connection with said
described land, and including 4 1/2 shares of the capital
stock of The Farmers Independent Ditch Company, and 1 1/2
shares of the capital stock of The Western Mutual Ditch
Company
A parcel of land situated in the NE 1/4 NE 1/4 of Section
14, Township 4 North, Range 66 West of the 6th P.M. , Weld
County, Colorado, more particularly described as follows:
Beginning at a point in the East line of said Section 14 ,
100.87 feet South of its intersection with the
southeasterly right of way line of the Union Pacific
Railroad, said point of intersection being 713 . 38 feet,
more or less, South from the northeast corner of said
Section 14; thence from said point of beginning South
along the East line of said section 508.86 feet, more or
less, to the southeast corner of the NE 1/4 NE 1/4 ;
thence along the South line of said NE 1/4 NE 1/4 South
89°53 ' West 472 .95 feet to a point marked by an iron pin,
said point being 60. 15 feet East of the intersection of
the South line of said NE 1/4 NE 1/4 with the
southeasterly right of way of said railroad; thence from
said point North 42°51 ' East 695. 41 feet to the point of
beginning. The East line of said section is considered
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to bear true North and all bearings are referred thereto,
being a parcel containing 2 .76 acres, more or less
Excepting that portion conveyed by deed dated May 1,
1986, recorded May 22, 1986 in Book 1113 under Reception
No. 02054547 of the Weld County records executed by Ida
Dinner, Rae Barnett Weiland, Sidney E. Dinner, Albert J.
Dinner and Melvin Dinner, as grantors, to Ralph Nix
Produce Company, a Colorado corporation, covering the
property as more particularly described therein,
containing 8.88 acres, more or less,
containing approximately 201 acres, more or less, and
WHEREAS, Second Parties, as the owners of the Peckham Junction
Farm as hereinabove described are, in addition to a series of
irrigation wells located on the above described property, also the
owners of shares of water stock in The Farmers Independent Ditch
Company and shares of water stock in The Western Mutual Ditch
Company, all of which are utilized in connection with irrigated
farming operations on the above described Peckham Junction Farm and
other irrigated farming operations located nearby, and
WHEREAS, the irrigation ditch of The Farmers Independent Ditch
Company traverses through portions of Section 29, Section 21,
Section 15 and Section 11 of Township 4 North, Range 66 West of the
6th P.M. , Weld County, Colorado, and
WHEREAS, the headgate for supplying of irrigation water to the
above described Peckham Junction Farm is located on the East side
of the ditch of The Farmers Independent Ditch Company as said ditch
traverses through the SW/4 of said Section 15, Township 4 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, from said headgate, the irrigation water for the
Peckham Junction Farm flows into an open irrigation ditch which
traverses in a southeasterly direction through the SW/4 and thence
through the SE/4 of said Section 15 in an open ditch to a point
near the east side of said SE/4 of said Section 15, where said
irrigation water flows into and through a culvert located under
Weld County Road 33 . The irrigation water thence flows in an
easterly direction in said underground pipeline to an open concrete
box located near the East side of said Weld County Road 33 , where
said irrigation water enters into and through a 15" underground
pipeline from said open concrete box and traverses in a
southeasterly direction across Lot B of said Recorded Exemption No.
1057-14-3-RE2112 to an open concrete box located near the West side
of said aforementioned Lot B of Recorded Exemption No. 1057-14-E-
RE2112 , and West of U.S. Highway No. 85, from whence said
irrigation water thence flows into and through a culvert located
underneath U.S. Highway No. 85 and the Union Pacific Railroad
Company right of way to an outlet of said culvert near the south
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line of said Section 14, Township 4 North, Range 66 West of the 6th
P.M. , Weld County, Colorado; said irrigation water thence flows in
an easterly direction in a concrete ditch located on the north side
of Weld County Road 44 , which irrigation water thence flows in this
open concrete ditch along the north side of said Weld County Road
44 into and on the property of the above described Peckham Junction
Farm where said waters are utilized for irrigation purposes on the
above described Peckham Junction Farm, and
Whereas, a specific legal description of the thirty foot
underground easement of and for said irrigation pipeline traversing
across Lot B of said Recorded Exemption No. 1057-14-3-RE2112 is
more fully described in Exhibit "A" attached hereto and
incorporated by reference herein, and
WHEREAS, said presently existing underground irrigation
pipeline was formerly an open ditch for the conveyance and transfer
of irrigation water over and across said above described Lot B of
said Recorded Exemption No. 1057-14-3-RE2112 , for a period of
approximately 100 years and was converted to an underground
irrigation' pipeline on or about 1987 , and
WHEREAS, First Parties have heretofore filed an Application
for PUD Change of Zone of said Lot B of Recorded Exemption No.
1057-14-3-RE2112, to create five E (Estate) zoned lots, one
commercial lot for a garage, with a 78.2 agricultural outlot and
2 .82 acres of open space, and
WHEREAS, the parties hereto desire to confirm in writing the
location of said thirty (30) foot easement pertaining to said
irrigation pipeline and the open boxes heretofore constructed in
connection therewith and the perpetual rights of access (being
ingress and egress) thereto and therefrom for the purpose of
maintaining said pipeline, boxes, structures and other improvements
and making any and all necessary repairs and replacements thereto,
NOW THEREFORE, for good and valuable consideration, the First
Parties do hereby agree to and do hereby give, grant and convey in
perpetuity to the Second Parties herein a thirty (30) foot easement
and right of way over and across the above described Lot B of
Recorded Exemption No. 1057-14-3-RE2112 as more fully described in
Exhibit "A" attached hereto and incorporated by reference herein,
together with any and all rights of access thereto, said easement
and right of way being fifteen (15) feet on each side of the center
line of the pipeline, including means of ingress and egress, for
the purpose of maintaining said easement and right of way and
constructing, maintaining, lowering, raising, replacing, changing
the size of, and removing the pipeline and related structures and
improvements, and making any and all such repairs and/or
replacements as deemed necessary, and all appurtenances convenient
for the maintenance and operation of said line, and for the
transportation of water under, on, over and through said premises
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hereinabove described.
That the recitals as hereinabove described and contained
herein are incorporated by reference herein.
It is further recognized, understood and agreed by the parties
hereto that Second Parties shall be responsible for the
maintenance, upkeep, repair and replacement of the easement and the
pipeline and related structures and improvements.
That maintenance of the easement areas as needed and
maintenance, repair and replacement of the pipeline and related
structures and improvements by the Second Parties will be done in
a reasonable manner in order to avoid as much as possible with
major interference to First Parties.
That except in the case of emergency situations, the Second
Parties will attempt to provide adequate notice in advance to First
Parties prior to commencing construction for purposes of making
repairs and/or replacement of the pipeline and related structures
and improvements on and in the easement area.
That no buildings, structures or improvements shall be placed
or constructed by First Parties upon said easement area nor shall
any machinery, equipment or other items of personal property be
placed upon said easement area that will in any manner interfere
with the easement or impede the use of said underground pipeline
and the structures pertaining thereto.
This agreement shall be construed in accordance with the laws
of the State of Colorado.
This agreement shall be binding upon the parties hereto, their
heirs, personal representatives, legal representatives, successors
and assigns.
IN WITNESS WHEREOF, we have hereunto executed this instrument
this day of , 1999.
Terry Wiedeman
Janice Wiedeman
David Hunt
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Kayleen Hunt
First Parties
Melvin Dinner
Diane M. Dinner
Albert J. Dinner
Janice R. Dinner
Sidney E. Dinner
Shirley Dinner
Rae Barnett Weiland, Trustee of
the Rae Weiland Revocable Trust
of August 1, 1983
Ethel Lee Segal
Second Parties
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990.5-
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
day of , 1999 by Terry Wiedeman and Janice Wiedeman.
WITNESS My hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
day of , 1999 by David Hunt and Kayleen Hunt.
WITNESS My hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
day of , 1999 by Melvin Dinner and Diane M. Dinner.
WITNESS My hand and official seal.
My commission expires:
Notary Public
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99 07
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this
day of , 1999 by Albert J. Dinner and Janice R.
Dinner.
WITNESS My hand and official seal.
My commission expires:
Notary Public
STATE OF MICHIGAN )
ss.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1999 by Sidney E. Dinner and Shirley
Dinner.
WITNESS My hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER ) !
The foregoing instrument was acknowledged before me this
day of , 1999 by Rae Barnett Weiland, Trustee of the
Rae Weiland Revocable Trust of August 1, 1983 .
WITNESS My hand and official seal.
My commission expires:
Notary Public
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QQOSZ 7
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this
day of , 1999 by Ethel Lee Segal.
WITNESS My hand and official seal.
My commission expires:
Notary Public
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